Hi Folks,

As some of you already know last week I received NE application from Amt. The letter says "gemäß Abs.4 AufenthG und §§ 2-8 FreizügG/EU"

Does it mean I can work anywhere in EU with my NE? I mean without anyother additional permit!! or Am I just over reacting :-)

Rds
Ben.

Where are you from ? possibly from one of the new EU countries ?

Regards,

Lacrima

Hi Lacrima,

I am from India.

Rds
Ben.

coolben,

did u get NE last week or just an NE application letter on which this is written? The EU law about Freizügigkeit was to be implemented on 23.01.06, so it could be that it has been implemented in DE but we dont know about it.
I think however, if this is written on a NE then you should be able to work in all states in EU without any further workpermit.
Best Regards,
MH

Hi MH,

I only got NE application form and a letter which says that sentence (FreizügG/EU). Wednesday I have meeting with amt people. I'll update you guys whether FreizügG/EU true or not.

let's see..

Rds
Ben.

Let us know and in case we need a NE upgrade in getting some special words on the one we have, I will really go for it.

D.

Hello,

FreizugG (http://www.aufenthaltstitel.de/freizuegigkeitsgeu.html ) does not have to do with foreign people, instead it is only related to EU citizens or spouses of EU citizen. I think you are married with a German citizen or any other EU citizen.

This Law is not applicable to foreign people. §2.(2) points only EU citizens or spouse of an EU citizen. Thus this Law does not have to do with 2003/109/EC European Council Directive.

Klenze17.

Hi All,

As I promised, here is the update for FreizügG/EU.
Today I had my meeting with the beamter from the amt. He says, FreizügG/EU is true.

He knows that I'm from India (we spend 15 mins talking about India) and also knows I am not married.

So I didn't want ask, how come its true. but I don't think he made a mistake. In April I will get my NE with FreizügG/EU.

Try for NE upgrade.

I wish you guys good luck.

Rds
:-)
Ben.

hi coolben,

this is realy cool news.There is one posting "NE limitaions for EU" from me, which is on the same topic as I have got a new job offer in Luxembourg.
I have also contacted the ABH but some rules were not clear to them[in Berlin],so they said that they will get back to me.
what I would like to ask u is
Did ABH tell u that the new rule will be implimented from April? or was it a coinsidence with u'r VISA expiry date?
it would be great if u can mail me to ajaysuguru@gmx.de.
I will also update trust7 once I have got some info from ABH.


fly

Ajay Suguru

Hi Ajay,

I complete my 5 years only on 19-04-2006. So I will have to wait 2 more months (till last day) to get my NE.

Bst Rds
Ben.

Hi all

Well, strange but sounds true to me.

Let's check here:

http://www.aufenthaltstitel.de/rl_2003_109_eg.html#14

There are some small letters in there (like AMC in the other countries) but I think can be done for all who have got NE.

Anyway, I had not too much time to read it carefully, please anybody check it and tell.

There is a confusion of terms here.

FreizugG Article 2 (http://www.aufenthaltstitel.de/freizuegigkeitsgeu.html#2 ) explicitly indicates who is eligible: EU citizen or spouse of EU citizen (Unionsbürger). There is not any sentence at all in this law citating 2003/109/EC Directive.

But what you wrote FreizugG/EU, which might be a German term for 2003/109/EC (although the header of FreizugG has "FreizugG/EU" )

If this true, I think the German officials will describe 2003/109/EC as FreizugG/EU, not FreizugG. Then the Articles 2-8 of 2003/109/EC perfectly match with you.

Seems the officials don't wait for domestic law changes! The things you experience now guys set a precedent about this issue. I wish you would get an EU-NE ASAP. Good luck with everything!

@YO1: your link (http://www.aufenthaltstitel.de/rl_2003_109_eg.html#14 ) is just a German translation of 2003/109/EC Directive. The original web page of 2003/109/EC Directive is:
http://europa.eu.int/eur-lex/lex/LexUriServ/LexUriServ.do?uri=CELEX:32003L0109:EN:NOT (thanks Alvarez), and the same German translation is also here: http://europa.eu.int/eur-lex/lex/staging/LexUriServ/LexUriServ.do?uri=CELEX:32003L0109E:HTML (Put : and D instead of smiley).

Klenze17.

Hi Klenze

Thanx for your link. I didn't noted this was "that" regulation.

As far a I remember, we discussed this regulation here in Trust7 for a while on those times. If is the same regulation I remember, there was an open oposition of Germany and Austria to sign this in the EU.

Thanks anyway and I'm glad this can be applied to us

HI guys,

small query here .
I am the husband of a German citizen living here since 2 years only without NE now. I have a aufenthaltserlaubnis and an Unbefristed arbeitsgenehmigung. Can i exersice the right of mobility with regards to work so that i can work in some other EU country too without my wife actually moving there first.

thx,
bam.

"Can i exersice the right of mobility with regards to work so that i can work in some other EU country too without my wife actually moving there first."

Nope.. only with your wife.. as you "inherit" this right from her, you can not enjoy the right of mobility without her, when you want to work in another EU country..
but as being married to a German citizen, you can apply for German citizenship after 3 years..

Regards,

Lacrima

Thx Lacrima,

But when you say "only with her" does it mean that she has to apply for residence in this new EU country or can she simply state to the authorities that she will be accompaning me and that should give me the FriezügG/EU on my passport? Also who issues it Germany or the work destination EU country.
Do you have any English pointers to this situation?

thx,
bam.

If this is true, how does it work with the 6 month minimum residency requirement in Germany?

"If this is true, how does it work with the 6 month minimum residency requirement in Germany"

Spouse of a German citizen can claim residence permit in Germany when he/she comes back to Germany with her/his German Spouse.. this is independent of the fact that whether the "old" residence permit was canceled because of being out of Germany more than 6 months.. (If the couple gets divorced during their stay out of Germany then the things can get complicated for the non-German spouse if he/she wants to travel back to Germany..)

@bamstrasse
The residence permit will be given by the authority of the EU country in which you are planning to settle down.. your german residence permit gives you already the right to visit EU countries(Say Schengen) up to 3 months(with or without your spouse).. but if you want to settle down in an EU Country(means to work there and stay more than 3 months) then this only possible WITH your EU-Spouse. You have to apply for a residence permit in the country of your destination. This is just a formality for EU Citizens(and their accompanying spouses).. and the issue of the residence permit can not be denied..
So better get yourself informed about the handling of the EU-laws in the country of your destination.. EU-States have subtle differences regarding the EU-wide regulations..

Regards,

Lacrima

and an official link in English:
http://europa.eu.int/youreurope/nav/en/citizens/guides/working/index.html